Undue influence is a term used in Florida law to describe a situation where someone has coerced or manipulated another person to make a will or other legal document that does not reflect their true testamentary intentions. Proving undue influence can be difficult, but it is essential if you believe that a loved one’s will was not made freely and voluntarily. In this blog post, we will explore how to prove undue influence in a Florida will contest.

What is Undue Influence?

Undue influence occurs when someone uses coercion or manipulation to control another person’s decision-making process. This can take many forms, including emotional manipulation, physical intimidation, or financial pressure. In the context of a will contest, undue influence means that someone has coerced the testator (the person making the will) into making a will that does not accurately reflect their true wishes.
Proving Undue Influence in a Florida Will Contest

To prove undue influence in a Florida will contest, the person contesting the will must show that:
1. The testator was susceptible to undue influence
2. The alleged influencer had the opportunity to exert undue influence
3. The alleged influencer used undue influence to procure an unfair will or other document.

Susceptibility to Undue Influence

The first step in proving undue influence is to show that the testator was susceptible to undue influence. This means that the testator was vulnerable to the alleged influencer’s tactics. Factors that may make a person susceptible to undue influence include:
• Advanced age
• Physical or mental illness
• Isolation or dependency
• Illiteracy or lack of education
• Emotional instability

Opportunity to Exert Undue Influence

The next step in proving undue influence is to show that the alleged influencer had the opportunity to exert undue influence. This means that the alleged influencer had a relationship with the testator that gave them the opportunity to manipulate the testator’s decision-making process. Factors that may indicate that an alleged influencer had the opportunity to exert undue influence include:
• Living with the testator
• Providing care or assistance to the testator
• Controlling the testator’s finances
• Excluding other family members or friends from the testator’s life

Use of Undue Influence

The final step in proving undue influence is to show that the alleged influencer actually used undue influence to procure an unfair will or other document. This can be difficult to prove, as undue influence often takes place behind closed doors and without witnesses. However, there are some factors that may indicate that undue influence was used, including:
• A sudden and inexplicable change in the testator’s behavior or attitude
• A will or other document that is dramatically different from the testator’s previous will or other documents
• Evidence that the alleged influencer had a motive to manipulate the testator, such as a desire to inherit a larger share of the testator’s estate

Conclusion

Proving undue influence in a Florida will contest can be difficult, but it is essential if you believe that a loved one’s will was not made freely and voluntarily. If you are considering contesting a will based on undue influence, contact the probate litigation attorneys at Purcell, Flanagan, Hay & Greene, P.A. who can guide you through the process and help you build a strong case.